1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 5, 1972, the Defendant purchased 6,949 square meters prior to D, Chungcheongnam-gun, Chungcheongnam-do and completed the registration of ownership transfer on June 27, 1980.

The Defendant installed the Defendant’s grave on the land (hereinafter “instant grave”).

B. The Defendant sold the above land to E on October 11, 2007 and completed the registration of transfer of ownership on October 19, 2007. However, the Defendant concluded a superficies contract with E on October 11, 2007 for the protection of the instant grave on October 11, 2007, and completed the registration of creation of superficies (the purpose: protection and protection of graves, scope of services: 100 square meters on the north-dong, and duration of graves: 100 square meters on October 19, 2007, and the registration of creation of superficies (the “registration of creation of superficies of this case”) on October 19, 2007.

C. The Plaintiff purchased the land from E on October 21, 201 and completed the registration of ownership transfer on October 24, 201.

On June 26, 2018, the above land was divided into 500 square meters and 6,449 square meters prior to D, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and the registration of creation of superficies in this case was in existence on the above land C.

[Ground] Evidence No. 3, Evidence Nos. 1 and 2, and the purport of the whole pleading

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion of funeral services, etc. limits the period of installation of a grave and the area of possession of a grave.

However, the duration of the superficies of this case for the protection of the grave of this case is virtually unlimited, and its possession area is also in violation of the above law, and thus null and void.

The plaintiff suffered serious damage due to the grave of this case. The defendant shall move to the grave of this case and cancel the registration of creation of superficies of this case.

B. The duration and scope of the superficies are subject to an agreement between the parties, and even if the duration and the occupied area of a grave violate the Act on Funeral Services, etc., the mere fact of the imposition of penalty or non-performance penalty is separate.